We are happy to welcome you to our website, artisteprovence.com
We strive to ensure that the information you will find on this site are correct and up to date.
The conditions in question here govern artwork sales exclusively on the site artisteprovence.com The buyer may systematically access these conditions on the site when the order is placed and the bottom of each page by a hyperlink.
TERMS OF SALE
These terms and conditions (hereinafter "Terms") apply to any purchase you make as an individual (hereinafter "CUSTOMER") on the www.artisteprovence.com website (hereinafter - after the "Site") from one of the artists:
LAURA rue de la poste 84220 Gordes, N° SIRET 801-861-394 00014 Listed in the “Maison des Artistes Français » under No. P946859 - Tel 33695978767
or Radu FOCSA rue de la poste - 84220 Gordes France, Tel. +33621480454 No. Siret 423 825 546 00033 registered in the “Maison des Artistes Français » under No. F113323 (hereafter "SELLER").
Any order placed on the website necessarily involves the unconditional acceptance of the CUSTOMER of these terms of sale.
The terms used below have, in these Conditions, the following meanings:
"CLIENT" means the contracting partner of the SELLER, which guarantees that the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CLIENT is outside any regular or commercial activity.
"DELIVERY" means the first presentation of PRODUCTS ordered by the Customer to the delivery address when ordering.
"PRODUCTS" means all products available on the site.
"TERRITORY" refers to all countries that the SELLER has chosen to deliver, following the transport companies conditions with which it works.
The products sold on the site are works of art, paintings, sculptures, frames and gift vouchers.
Products for sale are shown on the site with details
The present Terms govern the sale by the SELLER to CUSTOMERS its products available on the Site (hereinafter the "Products"), the CUSTOMER buy on said site, he pays and which are delivered.
The CUSTOMER is clearly informed and acknowledges that the site is aimed at private consumers and the professionals should contact the commercial department of the SELLER to benefit from separate contractual conditions.
3. ACCEPTANCE OF TERMS OF SALE
The Customer should read these terms and accept them before proceeding to payment of an order PRODUCTS placed on the site.
By clicking on the first "Buy" button to place the order and then the second to confirm the said order, the Customer acknowledges having read, understood and accepted the Terms and Conditions without limitation or qualification.
4. OPENING AN ACCOUNT - PURCHASE OF PRODUCTS ON THE SITE
To purchase a PRODUCT, the CUSTOMER should be at least 18 years old and have the legal capacity.
The CLIENT will be invited (if not registered) to open an account by completing the registration form available on the Site. The asterisk (*) indicates required fields that must be completed for the control of CLIENT is treated by the SELLER.
When registering, the Customer may agree to receive promotional offers of the SELLER and / or its partners by checking another box for this purpose.
Once registered, the Customer can track their order for free, at any time, in consultation with his account on the Site. The Customer can check the status of their order and see if the order was shipped and delivered.
Shipping tracking is done using the online tracking of the carrier.
The Customer may also contact the sales department of the SELLER at any time by email at firstname.lastname@example.org to obtain information about the status of his order.
The information that CUSTOMER provides to the SELLER at the time of opening an account or when an order, must to be complete, accurate and current.
The SELLER reserves the right to require the CLIENT to confirm, by any appropriate means, their identity, eligibility and the reality of the information provided.
5.1 CHARACTERISTICS OF PRODUCTS
The SELLER endeavors to present as clearly as possible the main features PRODUCTS (on available information sheets on the website).
Therefore, the Customer agrees to read them carefully before placing an order on the Site.
The SELLER reserves the right to modify the selection of Products available on the Site.
The photographs presented on the site are taken with great care to present the artwork as close to its colors and its actual appearance. However, the quality of the screens can distort certain colors, that is why they can not have a contractual value.
5.2. HOW TO ORDER
PRODUCTS orders are placed directly on the site. To place an order, the Customer must follow the steps below (please note, however, that depending on the start page of the Client, the steps may differ slightly).
5.2.1. PRODUCTS selection and purchase options
After selecting the PRODUCT, the PRODUCT is placed in the basket of the Customer. The CUSTOMER may add to the basket as much PRODUCTS as he wants.
Once selected and placed in the basket PRODUCTS, CUSTOMER should click on the cart and ensure that the content of the order is correct.
If the Customer has not yet done so, he will be asked to identify themselves or to register.
Once the Customer has approved the contents of the basket and it will be recognized / registered, will appear to his attention an online form completed and automatically summarizing price, applicable taxes and delivery charges, if applicable .
The Customer should check the contents of the order (including the amount and references PRODUCTS ordered, billing address, payment method and price) before clicking on the first button "Validation".
The Customer can then proceed to secure payment PRODUCTS following the instructions on the website and provide all information necessary for billing and DELIVERY PRODUCTS.
About PRODUCTS for which options are available, these specific references appear when the right options have been selected.
Orders placed must include all the information needed to process the order.
Once all the steps above are completed, a page appears on the Site in order to acknowledge receipt of the Customer's order.
A copy of the acknowledgment of the order is automatically sent to the CLIENT by e-mail, provided that the email address provided through the registration form is correct.
The SELLER does not send order confirmation by mail or fax.
During the ordering process, the CLIENT shall enter information necessary for billing (the sign (*) indicates required fields to be completed for the command to be processed by the SELLER).
The CLIENT must state clearly all information relating to shipping, especially the exact shipping address, as well as any access code to delivery address.
CUSTOMER must then specify the method of payment and exchange banking information before clicking on the "Continue" button.
Neither the purchase order that the Customer establishes online or acknowledgment of the command sent by the SELLER to the CUSTOMER email does not constitute an invoice. Whatever the mode of payment used or order, the Customer will receive the original invoice at the PRODUCTS delivery , inside the package.
The SELLER shall retain an electronic copy of each invoice.
5.3. DATE OF ORDER
The order date is the date on which the SELLER acknowledges online ordering. Delays specified on the Website only begin to run from that date.
For all the PRODUCTS, the CUSTOMER found on the website the prices in Euros.
The delivery charges are based on weight of the package, the insured value, the shipping address and the carrier or method of shipping chosen.
The prices are valid except mistake. The applicable price is that indicated on the Website on the date the order is placed by the Customer.
5.5. PRODUCT AVAILABILITY
The SELLER agrees to fulfill orders received provided the PRODUCTS are available.
The unavailability of a PRODUCT is normally indicated on page PRODUCT concerned.
The products sold on the site are artworks, so UNIQUE PIECES is why the product is marked " 1 available Original artwork - unique!".
- The sale will be carried away by the first who clicks the button "ADD TO CART" and who pay.
In any event, if the non-availability was not provided at the time of the order, the SELLER shall promptly inform the CLIENT if the PRODUCT is unavailable.
6. RIGHT OF WITHDRAWAL
The terms of the right of withdrawal are provided in the "Cancellation policy" policy available in APPENDIX 1 of these and accessible at the bottom of each page of the site via a hyperlink.
7.1. PAYMENT METHODS
The Customer may pay his PRODUCTS online on the website in several ways.
By selecting the method of payment, the Customer will be redirected to the secure site in question to make the payment.
The Customer warrants to SELLER it holds all the authorizations required to use the chosen method of payment.
By communicating his credit card number, the CUSTOMER authorizes the bank of the site to debit the total amount of the order.
The SELLER shall take all necessary measures to ensure the security and confidentiality of the data transmitted online through the online payment on the Site.
All payment information provided by the CUSTOMER on the Site are transmitted to the bank of the Site and are not processed on the Site.
The SELLER does not collect, does not retain and does not process the bank details of the Customer.
The SELLER does not charge the CUSTOMER for fees, that exceed the costs it incurs for the use of means of payment offered on the Website.
7.2. PAYMENT DATE
The customer's account will be debited when the order is placed on the Site.
7.3. LATE PAYMENT OR REFUSAL
If the bank refuses to debit card or other payment method, the Customer must contact Customer Service to pay the order by any other valid means of payment.
In the event that for any reason whatsoever, opposition, rejection or other transmission flow of money owed by the Customer is not feasible, the order will be canceled and the sale automatically terminated.
The artwork object of the sale, will be back on the site and may be purchased by another person immediately.
8. PROOF AND ARCHIVING
Any contract with the CUSTOMER corresponding to an order of a higher amount than 120 euros TTC will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.
To access the contract, the CUSTOMER may be requested by e-mail at email@example.com
The Customer acknowledges that the ordering process and these Terms are entered online and are an "electronic contract" between the CLIENT and SELLER.
The SELLER agrees to archive this information to monitor transactions and to produce a copy of the contract at the request of the CLIENT.
Therefore, the CLIENT undertakes, in accordance with the principles governing electronic contracts under the law, not to challenge the contract simply because it has been electronically archived by the SELLER.
In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that guarantees the integrity of the transaction.
9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCT delivered until full payment by the Customer.
The above provisions do not preclude the transfer to the Customer at the time of receipt by him or a third party designated by him other than the carrier, the risk of loss or damage to the Products subject to the reserve property, and the risks of damage they can cause.
The arrangements for DELIVERY PRODUCTS are provided in the "politics of delivery 'given in APPENDIX 2 of these and accessible at the bottom of each page of the site via a hyperlink.
The Products will be packaged in accordance with current transport standards, to ensure maximum protection for during PRODUCTS DELIVERY. Customers must meet the same standards when returning PRODUCTS.
12. GUARANTEES AND RESPONSIBILITIES
ARTISTE PROVENCE has, for all stages of access to the site, from the ordering process to shipment of the parcel or subsequent services, an obligation of means. The responsibility of ARTIST PROVENCE can not be held liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or presence of computer viruses, or any event of force majeure, in accordance the law and jurisprudence.
13. PERSONAL DATA
ARTISTE PROVENCE agrees not to use confidential information of clients in connection with the operation of the Site. For the success of the order, the collected personal data will be processed by computer, the Customer acknowledges having knowledge.
As such, the information may be disclosed regarding the technical providers ARTISTE PROVENCE. Furthermore, ARTISTE PROVENCE may apply technical means to obtain non-personal information about users and to improve the functionality of the site, for example by plotting the number of visitors to certain pages. According to the law of January 6, 1978 as amended by the Act of 6 August 2004, the Customer has a right to access and correct personal data concerning him contained in the files of ARTISTE PROVENCE. All requests must be sent by email to: firstname.lastname@example.org
This data processing has been declared to the "Commission Nationale Informatique et Libertés" (CNIL), which issued the receipt No. 1698998 September 10, 2013.
The Customer has a right to access, rectify, oppose (for legitimate reasons) and deletion of personal data. He can exercise this right by sending an e-mail to: email@example.com or by sending a letter to: rue de la poste 84220 Gordes FRANCE
It is stated that the CUSTOMER must provide proof of identity, or by scanning an ID or by sending the SELLER a photocopy of his ID.
The SELLER provide the CUSTOMER a "Phone Customer Service" at: +33490720632 (standard rate number for FRANCE).
Any written complaint of the CUSTOMER must be sent to the following address: rue de la poste 84220 Gordes FRANCE.
15. INTELLECTUAL PROPERTY
All elements on the site and the site itself are protected by copyright, trademark law, designs and / or any other rights of intellectual property. By elements, we mean not limited to: the photographs, images, drawings, illustrations, texts, videos, logos, brands, models, software ...
These elements belong to Artiste Provence or are used with the permission of their owners.
As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, marketing, partial or full by any means and in any medium whatsoever (paper, digital ...) is forbidden without the prior written consent of the SELLER, with the exceptions referred to in Article L 122.5 of the Intellectual Property Code, otherwise constitute a copyright infringement and / or designs and / or brands, punishable by two years' imprisonment and a fine of € 152,449.02.
Anyone who publishes a website and want to create a hyperlink directly to the Site must request permission from the SELLER in writing.
This authorization of the SELLER shall in no case be granted for good. This link must be removed at the request of the SELLER.
Hypertext links to the Website that use techniques such as framing (framing) or by inserting hyperlinks (inline linking) is strictly prohibited.
Any change in the law or applicable regulations or a decision of a competent court invalidating one or more provisions of these Terms shall not affect the validity of these Terms and Conditions. Such a change or decision does not allow in any way CUSTOMERS to ignore these Terms and Conditions.
All conditions not specifically addressed herein shall be governed in accordance with the use of the trade sector to individuals, for companies whose headquarters are located in France.
17. MODIFICATION OF TERMS
These Terms and Conditions apply to all purchases made online on the website, as long the Site is available online.
The Terms are precisely dated and may be amended and updated by the SELLER at any time. The applicable Terms are those in effect at the time of the order.
Changes to Terms and Conditions shall not apply to previously purchased PRODUCTS.
18. AWARD OF JURISDICTION AND APPLICABLE LAW
These General Terms and relations between the CLIENT and the SELLER are governed by French law.
In case of dispute, the French courts will have jurisdiction.
We strive to present the works as closely as possible, however the quality of some screens can distort certain colors and disappoint you.
If within ten (10) days of receipt of the order, the Customer is not satisfied, he may request at ARTISTE PROVENCE to return or exchange the product (or) products.
To do this, the Customer must first request a return or exchange by email.
This period includes the statutory period of seven days of withdrawal provided for in Articles L121-20 and following of the Consumer Code (for France only). If the return request is validated by ARTISTE PROVENCE, ARTISTE PROVENCE will send him a right of return.
The return or exchange is at the risk of the Customer. The Product must be returned within a week in the original packaging, in its original condition, new, unworn, unwashed, in a strong parcel prepaid and insured all damages, accompanied by the right of return to the address specified in the email.
If the item is not returned by the Customer within one week after receipt of the agreement, the return is considered canceled and the Customer must keep the product.
The returned product will be refunded within a maximum of thirty (30) days of its receipt by ARTISTE PROVENCE, a credit amount to be repaid to the bank account of the Customer. Return shipping costs are the responsibility of the Customer. The non-compliance by the Customer of these conditions, including conditions for return or exchange ARTISTE PROVENCE can not undertake the reimbursement of products concerned.
The SELLER may withhold the reimbursement until receipt of the goods.
The Products listed may be delivered ONLY on the TERRITORY.
It is impossible to make an order under these conditions, for any delivery address located outside this TERRITORY.
The Products are shipped to address of delivery that the Customer indicated during the ordering process.
The deadlines to prepare an order and issue the invoice before shipping PRODUCTS in stock are listed on the site. These times do not include weekends or holidays.
An email will be sent to the CLIENT at the time of shipment of the PRODUCTS, provided that the email address in the registration form is correct.
This will include the package tracking number and delivery time specified by the provider will deliver.
Time & Cost of delivery
During the ordering process, the SELLER tells to the CUSTOMER the possibles shipping options, for purchased PRODUCTS.
Shipping costs are calculated based on the method of delivery. The amount of these costs will be payable by the Customer in addition to the price of purchased PRODUCTS.
Details of times and shipping costs are detailed on the SITE.
Terms of DELIVERY
The package will be delivered to the CLIENT against signature and upon presentation of identification.
In case of absence, a calling card will be left to the Customer to enable him to get his package in a post office in the time stipulated by the Post Office.
Reserve at the reception of the parcel.
The CUSTOMER must in case of failure or damage, to issue precise and detailed reserves with the carrier, showing the patterns on the delivery note in order to benefit from the contracted insurance.
It is necessary to email the list of damage to ARTISTE PROVENCE at the latest within 24 hours after delivery for that ARTISTE PROVENCE can make the claim.